It is an audacious measure that has invited the ire of politicians both within and without the ruling party. Last fortnight, however, Chief Minister Bhajan Lal, the doughty trader-turned-politician adroitly converted the six-month-old ordinance creating the Haryana Forest Development Board (HFDB) into a bill for consideration in the state Assembly.

The ordinance was promulgated by a compliant Governor G.D. Tapase last November, despite a dissenting Revenue and Forest Minister Phool Chand. The HFDB's chairmanship was assumed by Devender Sharma, a close associate of the chief minister and a Congress(I) nominee defeated in the May elections last year.

Sharma has since been determinedly exploiting the all-pervasive provisions of the ordinance. Despite Lal's earlier assurances that the board would confine itself to logging operations and commercial exploitation of forests, by mid-December the HFDB had usurped the functions of the state Forest Department by virtually taking possession of all territorial divisions spreading over 1.68 lakh hectares. The only exception was social forestry which is funded by the World Bank and was therefore left in charge of the truncated Forest Department.

Criticism has been sharp and all-ervasive. In a petition to Haryana High Court, B.D. Monga and 11 other Indian Forest Service (IFS) officers have argued that the creation of the HFDB violates the Indian Forest Act (IFA), 1927, the Wildlife Protection Act (WPA) 1972, the All India Services Act (AISA) 1951, as well as the Forest Conservation Act 1980.

Monga points out that the ordinance violates the Constitution by encroaching on the subject of these laws, without even seeking prior instructions from the President which are mandatory in these matters.

Several implications follow. Since there are no 'government' forests, their possession having been transferred to a separate legal entity, the HFDB, they also cease to be reserved or protected areas.

Further, the state Government will be powerless not only in assigning rights to village communities in reserved forests but also in monitoring offences committed in various categories of forests. Finally, state and Central forest service officers, who cannot be legally converted into the employees of a mere board, will have no duties to perform.

Devender Sharma: Determined to stay

Concurring with the charges of the IFS officers, the Union Agriculture Ministry headed by Lal's political rival, Rao Birendra Singh, has also adopted a disapproving posture. Chastising the state Government action "which appeared to be violative of the provisions of the Constitution", the ministry has despatched three letters seeking amendments.

The Centre has taken serious objection to making all officers and employees of the board, forest officers, with quasi-judicial powers far in excess of those granted by the IFA. It has also upheld the argument of the IFS officers that their deputation to the board was in excess of the prescribed deputation quota.

Further, it has found that the state Government's contention that there is no transfer of ownership but only of management of forests is not clearly spelt out in the ordinance. Said M.V. Kesavan, deputy secretary, Union Agriculture Ministry: "The words for the use and management in Section 26 of the ordinance seem to denote only the purpose of such transfer and not the subject matter of the transfer. The limits of the transfer have not been indicated."

Taking up cudgels last fortnight, the Opposition has also jumped into the fray. Barraged by protesting Lok Dal, Janata Party and Bharatiya Janata Party members in the Assembly, Lal was obliged to admit receiving three letters from the Centre, even though he resolutely withheld the details.

Said Lok Dal MLA Sahib Singh Saini: "Forests are in the concurrent list and the state cannot pass a bill where there is already a specific law passed by the Parliament - the Indian Forest Act." Added Chandra Wati, Lok Dal MLA and leader of the Opposition: "Today we have a forest selling board and tomorrow we shall have a police board to manage law and order."

Not to be outdone, however, Lal has continued to contend that the state Government was within its powers to create the board. An official statement asserts that "an alternative and effective agency is in conformity with the new national policy.

The state plans to make a very ambitious effort for the development of forests. Experience has shown that the present administrative arrangement needed drastic change. Hence the board." Already, most of the budget of the Forest Department, whose total revenue is around Rs 4 crore, has been transferred to the HFDB.

However, reports from foresters alleging large-scale plunder of kikar trees and their replacement by eucalyptus have begun piling up. Said Gurnam Singh, Haryana's chief conservator of forests: "The menace of planting one species will be harmful to the general ecological conditions."

Meanwhile, in Urjini village of Ambala district protesting farmers demanding the traditional share of 35 per cent in eucalyptus worth Rs 10 lakh which the HFDB is selling to two paper mills have met police repression. Lok Dal MLA Roshan Lal Arya, who represents the area, is threatening to fast unto death if the deforestation is not immediately stopped.

Nevertheless, HFDB Chairman Sharma stoutly denies the claims and asserts that "this forest entirely belongs to us and panchayats have no rights. It is our first test and we do not want to fail". How far they will succeed will depend entirely on the high court's verdict.

Do You Like This Story? Awesome! Now share the story Too bad. Tell us what you didn't like in the comments